R (SC 64/2022) v Chief Executive of the Department of Corrections - SC 64/2022
Media releases
Summary
Criminal Appeal
Result
A Leave to appeal is granted (R (CA586/2021) v Chief Executive of the Department of Corrections [2022] NZCA 225).
B The approved question is how does the New Zealand Bill of Rights Act 1990 affect the exercise of the court’s discretion to renew an Extended Supervision Order when the individual concerned is also subject to a Compulsory Care Order?
11 April 2023
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The application for recusal is dismissed.
26 April 2023
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A The application by the respondent to adduce further evidence is granted.
B The appeal is allowed.
C The proceeding is remitted to the High Court for reconsideration in light of this judgment and any further evidence adduced in that Court. Pending the High Court’s decision on review under s 107RA(5) of the Parole Act, the appellant remains subject to the extended supervision order.
7 May 2024
B The approved question is how does the New Zealand Bill of Rights Act 1990 affect the exercise of the court’s discretion to renew an Extended Supervision Order when the individual concerned is also subject to a Compulsory Care Order?
11 April 2023
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The application for recusal is dismissed.
26 April 2023
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A The application by the respondent to adduce further evidence is granted.
B The appeal is allowed.
C The proceeding is remitted to the High Court for reconsideration in light of this judgment and any further evidence adduced in that Court. Pending the High Court’s decision on review under s 107RA(5) of the Parole Act, the appellant remains subject to the extended supervision order.
7 May 2024
Date of Hearing
08 August 2023
Judges
Winkelmann CJ, Glazebrook, O'Regan, Williams and Kós JJ
Case Synopses
Submissions from counsel
- Hearing date 8 August 2023 Appellants Submissions (PDF 349 KB)
- Hearing date 8 August 2023 Respondents Submissions (PDF 548 KB)